Justice Maryann Anenih of the Federal Capital Territory High Court has ordered that the former Governor of Kogi State, Yahaya Bello and two other defendants be remanded in the custody of the Economic and Financial Crimes Commission.
Anenih gave this order after fixing December 10, 2024 for rulings on the bail applications by Bello, and co-accused persons.
The Judge fixed the date after taking arguments for and against the bail request by Bello’s lawyer, Joseph Bodunde Dauda, SAN and the Prosecution’s Counsel, Kemi Pinheiro, SAN.
Bello and two others – Umar Shoaib Oricha and Abdulsalami Hudu, had, on Wednesday, pleaded not guilty to the 16-count charges brought against them by the EFCC.
Bello, who is the 1st defendant, vehemently denied the allegations before Justice Anenih as they were reeled out by the Court Registrar.
After taking their plea, the Defendant’s Counsel, Daudu, SAN, moved an application for bail.
But the EFCC Counsel, Pinheiro, kicked against the application, saying it had expired in October.
Making clarifications, the Defendant’s Counsel clarified this, saying that the only relevant application before the Court was the motion for bail in respect of the first defendant, which was filed on November 22.
Relying on all the paragraphs of the affidavit, he added that the bail application was also supported with a written address.
“Exhibit A, which is the public summons is very vital and the appearance of the defendant in Court today, shows he has respect for the law,” he said.
The anti-graft agency had moved for trial to commence immediately and was ready to call its first witness.
But Bello’s Counsel argued that they were served with the charge at 11 pm on November 26 and that he would need time to prepare his client.
On the bail application, Daudu said the law in the country says a defendant is innocent until proven guilty.
He pointed out that some paragraphs in the counter affidavit, noting that the prosecution raised issues that had to do with a matter at the Federal High Court.
Objecting to the submissions of Bello, counsel to EFCC held that his preliminary objection was anchored on three grounds – competence of the application; factual content of the application; and application of judicial principles and guidance.
Justice Anenih had risen for a short recess and after resuming, the prosecution counsel also opposed the bail application for the 2nd Defendant, saying since he was still a government official serving as the Director General, Kogi State Government House, there was the likelihood of him committing the same offence.
But the Defendant’s Counsel argued that the use of “may” in the prosecution’s counter affidavit did not show where the 2nd defendant allegedly committed another offence after being granted bail.
He insisted that the counter affidavit lacked merit as it did not show that the defendant was a habitual offender.
He therefore urged the court to grant the application for bail.
The judge thereafter adjourned the matter and asked the defendants to continue to stay in the custody of the anti-graft body.
